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TURNER v. CALIFORNIA CO.

No. 6291.

54 F.2d 552 (1931)

TURNER et al. v. CALIFORNIA CO.

Circuit Court of Appeals, Fifth Circuit.

December 16, 1931.

Attorney(s) appearing for the Case

Mark McMahon, of Fort Worth, Tex., and B. Frank Haag and Frank Stubbeman, both of Midland, Tex., for appellants.

Alex F. Weisberg, both of Dallas, Tex., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

In 1908, J. F. York acquired the fee-simple title in his own name to section 10 in block 34 of a certain survey in Ward county, Tex. At that time he was married, but his wife, Emma, died in 1911. They had five children who are still living. In 1926, York alone executed and delivered to appellee an oil and gas lease, for five years and for as long thereafter as oil or gas should be produced therefrom,...

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